c -, 

JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. BOX 12546 

Austin. TX. 76711-2548 

512,47&2501 

Tetex 910/674-1367 

Telecopier 512/4750266 

714 Jackson, Suite 700 

Dallas, TX. 75202.4506 

214/742-6944 

4624 Alberta Ave., Suite 160 

El Paso, TX. 799052793 

915/533-3464 

1001 Texas, Suite 700 

Houston, TX. 77W2~3111 

7131223-5666 

608 Broadway, Suite 312 

Lubbock, TX. 79401-3479 

806(747-5236 

4309 N. Tenth, Suite S 

McAllen. TX. 76601-1666 

5121662.4547 

200 Main Plaza. Suite 400 

San Antonio, TX. 76205-2797 

SlZ2254191 

An Equal Opportunity/ 

Alfirmative Actlon Employer 

The Attorney General of Texas 

Au];ust 14, 1985 

Robert Bernstein, M.D., F.A.C.P. opinion NO. ~~-336 

Commissioner of Realth 

Texas Department of Eealth 

1100 West 49th Street 

Auet in, Texas 78756 

Re: Authority of e joint citycounty public health district 

to issue licenses, exact fees 

and impose fines for noncompliance with its rules 

Dear Dr. Bernstein: 

You have requmted our opinion regarding the authority of a 

public health distr:lct organized pursuant to the Local Public Health 

Reorganization Act [hereinafter the “Act”] to issue licenses, exact 

fees, and impose fires for noncompliance with the rules throughout the 

jurisdiction of the public health district. Article 4436b of the Act 

was amended by the Mxty-ninth Legislature with the enactment of Rouse 

Bill No. 1114. See Acts 1985, 69th Leg., ch. i I at (not 

yet published). ?% amended provisions of the Act willgo intoeffect 

on August 26, 1985. Although it appears that your question did not 

contemplate the enactment of Eouse Bill No. 1114, this opinion will 

consider the effect of that recent enactment. 

Section 4.02 of article 4436b. V.T.C.S., provides that: 

A public 'wealth district is authorized to perform 

the publ:k: health functions that any of its 

members i3 authorized to perform unless otherwise 

restricted by law. 

A public health dilit:rict ma9 be composed of a combination of cities 

and/or counties. See V.T.C.S. art. 4436b. 94.01. Section 2.01 of --- 

article 443613. V.T.l:..S., authorizes the governing bodies of cities and 

counties "to enforce any law which is reasonably necessary to protect 

the public health." Once s public health district has established an 

administrative boar& the board is authorized: 

to adopt substantive and procedural rules which 

*re necei313ary and appropriate to promote and 

preserve the health and safety of the public 

within it.8 jurisdiction; provided that no rule 

adopted tin;311 be in conflict with the laws of the 

p. 1530 
.- .I 

Dr. Robert Bernstein - Page 2 (JM-336) 

state or the ordinanfzes of any member municipality 

or county. (EmphasEs added). 

V.T.C.S. art. 443613, 54.03(b). In addition to the underlined portions 

above, the legislature has further limited the board's authority to 

adopt rules and regulations in. the most recent amendment by providing 

that: 

nothing in this' Act shall be construed to grant 

the board of any d:tstrict created hereunder the 

power to adopt rules or regulations for any part 

of the district which are not otherwise 

specifically authol+ed by state law. (Emphasis 

added). 

Acts 1985, 69th Leg., ch. 

(V.T.C.S. art. 4436b, §4.0!)1m: 

17, at 

Accordingly, 

(not yet published) 

we must determine 

whether there is specific statutory authority for the public health 

district's administrative board to issue licenses, exact fees, and 

impose fines for noncompliance with its rules. 

A public health district has been granted the limited authority 

to exact fees. The Act specjfically provides: 

Sec. 4.08(a). The governing body of an 

incorporated municjpality, the commissioners court 

of a county, or i.he administrative board of a 

public health dis,:rict me9 adopt ordinances or 

rules to charge fues for public health services 

subject to the follc%ng: 

(1) no individual shell be denied public 

health services because of inability to pa9 for 

services, end the . . . district shall make 

provisions for a reduced fee or no fee for 

individuals unable to pa9 for services in whole or 

in part; end 

(2) if a . . . Flublic health district receives 

state support for the provision of public health 

services, then the Uniform Grant and Contract 

Management Act Of 1981 (Article 4413(32g), 

Vernon's Texas C:.vil Statutes), and standards 

adopted pursuant to thst Act shall control where 

applicable. 

V.T.C.S. ert. 4436b, §4.08(a:'? as amended by Acts 1985, 69th Leg., ch. 

-9 06. et (not yet published). See also section 4.08(b) 

(definftion of"public health services"). We conclude that it is only 

:?. 1531 
Dr. Robert Bernstein - Page 3 (JM-336) 

under these limited circumstances that an administrative board of a 

public health district may axact fees for the provision of health 

services. Cf. Nueces County- v. Currington, 162 S.W.2d 687 (Tex. 

1942). 

Next we consider wheth'ar the authority granted to governing 

bodies of cities and counties under section 2.01 to "enforce" any law 

to protect the public health is specific statutory authority for the 

imposition of fines by a public: health district for noncompliance with 

its rules. We think not. Section 2.01 is a general provision which 

authorizes cities and counties to enforce laws enacted to protect the 

public health. The provision does not prescribe any particular method 

for the enforcement of theof! laws. When read together with the 

specific limitation on the authority of the board imposed in section 

4.09(f), the provision is insufficient to authorize the public health 

district's administrative board to impose fines for noncompliance with 

its rules. See City of Baytown v. Angel, 469 S.W.2d 923 (Tex. Civ. 

APP. - Houston [14th Dist.:r 1971, writ ref'd n.r.e.) (a general 

provision in a statute is limited or controlled by a specific 

provision). We have not discrrered any specific state law authorizing 

this manner of enforcement by a3 public health district. 

With regard to the authority of the administrative board of a 

public health district to issue licenses, we have not found any 

specific statutory provision authorizing this conduct by the board. 

We believe that the limitation imposed in section 4.09(f) prohibits 

the issuance of licenses unless the legislature determines to 

specifically authorize it. 

SUMMARY 

A public health district's administrative board 

organized pursuant to the Local Public Realth 

Reorganization Act, article 4436b, V.T.C.S., is 

authorized to exact fees for health services 

within the limitations imposed in section 4.08. 

However, the district is without specific 

statutory authority to issue licenses, or impose 

fines for noncompliance with its rules. 

JIM MATTOX 

Attorney General of Texas 

p. 1532 
Dr. Robert Bernstein - Page 4 (JM-336) 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICRARDS 

Executive Assistant Attorney Genersl 

ROBERT GRAY 

Special Assistant Attorney Gevaral 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Ton9 Guillory 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Chairman 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Moellinger 

Jennifer Riggs 

Nancy Sutton 

Sarah Woelk